The Federal Circuit decided a patent infringement suit related to a software patent and a copyright infringement suit against the US government.
In Trading Techs. Int'l, Inc. v. eSpeed, Inc., No. 08-1392, the court faced several issues involving plaintiff's patent involving software for displaying the market for a commodity traded in an electronic exchange. In affirming the judgment of the district court, the court found, inter alia, that defendants infringed the asserted claims of one of the patents-in-suit, but not willfully. The court found that because the two other accused products did not literally infringe, plaintiff is precluded from asserting infringement under the doctrine of equivalents. It also ruled that the on-sale bar did not apply and that there was no finding of inequitable conduct.
In Gaylord v. US, No. 09-5044, the court faced a challenge to the United States Court of Federal Claims that a stamp issued by the US Postal Service made fair use of plaintiff's copyrighted work. Although the court correctly determined that the government was not a joint author and that the AWCPA did not bar an infringement suit, it incorrectly concluded that the stamp made fair use of plaintiff's copyrighted work.